Temporary Orders in Divorce
Divorce is often preceded by months or years of marital discord, and when a couple finally decides to end the marriage there is great potential for conflict. Filing for temporary orders makes it possible for you to keep the situation under control by putting legal agreements in place to govern the relationship between you and your spouse between the date when you file for divorce and when the action is finalized.
If you are planning to divorce, you should consider filing a petition in court for temporary orders. This can make the process of dissolving your marriage far easier for you, your spouse and your children. A temporary order is used between the date that the divorce is ordered and when the divorce is granted.
Understanding Temporary Divorce Orders
Temporary orders have the effect of freezing the status quo by prohibiting either spouse from selling or transferring assets out of the marital estate to protect them from
property division during the divorce. Additionally, a temporary order can also establish terms for matters such as:
The court can issue you a temporary ex parte order, but will schedule a hearing to allow your spouse to contest the terms of the order. You can also petition for a temporary restraining order if you are the victim of
domestic violence and fear that you will suffer continued abuse in the future. It is advisable to retain legal representation to help you achieve a set of orders which favor your personal interests. If you have obtained a temporary restraining order or have requested a hearing for temporary orders, the Court will set a hearing to occur within several days or weeks. It will be necessary to appear in court at that time and give testimony, and your attorney can help you prepare for this appearance.